Konflik Air Lintas Batas: Kajian Hukum Internasional atas Hak Pemanfaatan Sungai Mekong

Transboundary Water Conflict: An International Legal Study of Mekong River Utilization

Abstract

The Mekong River, one of the longest transboundary rivers in the world, serves as a vital source of life for the countries along its course. Its utilization for irrigation, fisheries, hydropower, and transportation creates complexities between upstream and downstream countries, particularly regarding dam construction, which significantly impacts the river's flow and ecosystem. These conflicting interests are compounded by the absence of upstream states from the Mekong River Commission (MRC) and the lack of clarity in international legal frameworks governing transboundary rivers. This study examines the dynamics of water resource conflicts in the Mekong River and evaluates the international legal instruments available for dispute settlement, despite their limited binding force. This research employs a normative legal method to examine the principles of international law, the 1997 United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (UNWC), and its indirect linkage with the 1982 United Nations Convention on the Law of the Sea (UNCLOS). The results of the study indicate that while states retain the right to utilize water resources within their territories, infrastructure development such as dams must comply with obligations of cooperation, consultation, and the prevention of significant harm. Additionally, this study highlights how dam construction alters water flow and reduces sedimentation, worsening climate and ecosystem conditions in the region. This condition triggers seawater intrusion into agricultural areas and damages soil quality. As a result, it poses a serious threat to food security and the livelihoods of downstream communities